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Can local HMO developers claim for compensation over immediate Article 4 directions?

Ros Trotman, Partner in Thrings’ Planning and Environment team, looks at the impact of immediate directions and why it is vital developers assess whether they are entitled to compensation.

Tightened rules for HMOs by local councils across the country has led to a rise in planning compensation claims by developers, who have incurred additional costs as a result of the changes.

The immediate Article 4 directions change the previous allowances for homes to be converted into houses of multiple occupancy (HMOs) by permitted development rights to require planning permission.

These changes also kick started a 12-month timer for developers’ schemes impacted by the decision to make compensation claims.

What has changed?
Provided it falls within permitted development rights, converting a home (Class C3) into an HMO (Class C4) can be done without a full planning application.

If, however, an LPA introduces an Article 4 direction, planning permission would be required for any such changes. In many cases, the directions take effect immediately which means:

  • No grace period for new schemes.
  • No ability to rely on permitted development rights going forward.
  • All new C3 to C4 conversions require a planning application. 

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